Mar 10, 2007
Author Unknown
Painreliefnetwork.org

Springfield, OH — Former federal drug prosecutor, John P. Flannery, in private practice with Campbell Miller Zimmerman, PC in Leesburg, VA, convinced the Ohio Court of Appeals to reverse the conviction of Dr. William Nucklos, 58, in an appeal that challenged the Ohio State prosecutors' effort to criminalize Dr. Nucklos' treatment of chronic non-cancer pain patients; Mr. Flannery thanked the family of Dr. Nucklos and the Pain Relief Network and its founder Siobhan Reynolds, the Reverend Jesse Jackson and all those who helped make this reversal possible.

"State and federal prosecutors think they know better than the doctors and patients," Flannery said, "that's what these pain cases are about."

"This appeal succeeded because the prosecution and the trial court wrongly shifted the burden to the defense, to Dr. Nucklos, insisting he show that he had done nothing wrong: that's not the way it works, the state has the burden of proof beyond a reasonable doubt, and the Court of Appeals has now said so.," Flannery said.

"This appeal also succeeded because the prosecution threw in all sorts of evidence that was prejudicial that had nothing whatsoever to do with the case at hand, in order to smear Dr. Nucklos' character – more like you'd expect in a political campaign, rather than a criminal prosecution; Ohio law disapproves such evidence, and the Court of Appeals has now said 'that means this case'", Flannery said.

"These prosecutors are not doctors themselves," Flannery said, "and they make up what conduct is offensive - as they go along - by claiming that this or that medical practice is not 'legitimate' because their Just-Us Department says so; and they say so because they believe that no one should have long term pain medication, and particularly not have opioids although, for many, that is the only pain relief that allows them to function as normal human beings and saves them from considering or committing suicide."

Flannery challenged this conviction of Dr. Nucklos, a pain physician, starting a year ago, shortly after Dr. Nucklos had been convicted, and Mr. Flannery argued for his release pending this appeal.

Flannery said, "Dr. Nucklos cared to help pain patients when other physicians were too afraid that the government would arrest them, and lead them off in cuffs for doing precisely what good medicine requires."

Mr. Flannery is the author of the recently published book, "Pain in America – and how our government makes it worse", available from www.Amazon.com .

Flannery serves as Special Counsel to Pain Relief Nework.